A/HRC/30/11. General Assembly. United Nations. Report of the Working Group on the Universal Periodic Review * Honduras

Transcription

1 United Nations General Assembly Distr.: General 15 July 2015 Original: English Human Rights Council Thirtieth session Agenda item 6 Universal Periodic Review Report of the Working Group on the Universal Periodic Review * Honduras * The annex to the present report is circulated as received. GE (E) * *

2 Contents Annex Page Introduction... 3 I. Summary of the proceedings of the review process... 3 A. Presentation by the State under review... 3 B. Interactive dialogue and responses by the State under review... 8 II. Conclusions and recommendations Composition of the delegation

3 Introduction 1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its twenty-second session from 4 to 15 May The review of Honduras was held at the 9th meeting, on 8 May The delegation of Honduras was headed by Secretary of State, General Coordinator of Government, José Ramón Hernández Alcerro. At its 14th meeting, held on 12 May 2015, the Working Group adopted the report on Honduras. 2. On 13 January 2015, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Honduras: Namibia, Paraguay and the Republic of Korea. 3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Honduras: (a) A national report (A/HRC/WG.6/22/HND/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/HND/2); (c) A summary prepared by OHCHR (A/HRC/WG.6/22/HND/3). 4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany, Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland and the United States of America, was transmitted to Honduras through the troika. These questions are available on the extranet of the Working Group. Additional questions raised during the dialogue by Montenegro, India and France are summarized in section I.B below. I. Summary of the proceedings of the review process A. Presentation by the State under review 5. The head of the delegation noted that Honduras had submitted its first report to the universal periodic review in Since then, Honduras had been implementing the recommendations it had received. As a demonstration of its commitment to human rights, in 2013, Honduras had submitted a voluntary mid-term progress report. 6. With the assistance of OHCHR, Honduras had also led an extensive consultation process for the development of a public policy and the adoption of the National Action Plan on Human Rights Honduras noted that the national report for its second universal periodic review had been drafted following broad discussions at national level, including with civil society. 8. In the past five years, Honduras had held two general elections with the participation of new political movements from a broad ideological spectrum. Honduras now participated fully in all international forums and had diplomatic relations with more than a hundred countries. Commercial and financial exchanges and services had also allowed Honduras to have positive economic growth. Progress on citizen security and social protection programmes were very important for Honduras. 9. Honduras had implemented 106 recommendations of a total of 129 recommendations received in Another 20 were in the process of being completed and 3

4 only three recommendations had so far not been implemented. Those achievements were the result of a series of efforts highlighted during the presentation and in the second national report, and showed the commitment of Honduras to human rights. 10. Honduras recognized that the universal periodic review offered an invaluable space for dialogue with civil society and the international community. The composition of the delegation attending the universal periodic review reflected the work of all institutions in the field of human rights. 11. Reference was made to progress in the development of a policy and institutional framework, as well as cooperation with human rights mechanisms. 12. Reference was also made to the amendments introduced to, among others, domestic legislation to define the crimes of disappearance of persons, torture, discrimination and incitement to hatred, in accordance with international norms. 13. The National Human Rights Commissioner had been appointed through a competitive public process. The Executive Branch had created the Secretariat for Human Rights and the Truth and Reconciliation Commission. The National Action Plan on Human Rights had been adopted. 14. Honduras had made a concerted effort to submit reports due to the treaty bodies. In the framework of the open invitation to special procedures, visits had been made by five special rapporteurs and working groups and the subsequent recommendations had been taken into account in the National Action Plan on Human Rights. Honduras had also complied with judgements of the Inter-American Court of Human Rights. 15. Since the first cycle, the National Congress had ratified six core international human rights instruments and withdrawn reservations about the status of refugees. 16. The delegation noted that Honduras had been the victim of the aggression of organized crime and had taken forceful measures to combat it. Honduras was no longer the main bridge for the traffic of drugs between South and North America or the most violent country in the world. Honduras had managed to make significant progress in protecting the right to life. The national police had been subjected to a process of profound reform. Honduras had also reinforced the public security system by approving a legal and institutional framework that had enabled a reduction in killings and violence in general, although there was still much to do. 17. The national policy for the prevention of violence against children and young persons of Honduras had also been adopted. 18. Between 2014 and 2015, no murder or violent death linked to social conflicts had been committed. 19. Regarding the protection of persons at risk, Honduras had complied with measures recommended by the Inter-American Commission on Human Rights and precautionary provisional measures issued by the Inter-American Court. The National Congress had approved the law on the protection of human rights defenders, journalists, social communicators and justice officials, which was being regulated in a participatory and inclusive manner. The law provided for a series of preventive measures and emergency protection according to the type of risk faced by a person, and the creation of a protection system within the Secretariat for Human Rights. 20. Measures against trafficking in persons, contained in the recently passed law, had also been introduced. 21. The creation and integration of the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment was noteworthy. The Committee had 4

5 established itself as a national, independent institution with administrative, technical and budgetary autonomy. 22. Regarding democracy and participation, the National Congress had amended the Constitution to allow bills to be introduced by plebiscite, referendum and citizen s initiative. A constitutional amendment had also been made to include the guarantee of habeas data as a mechanism of protection of private data and the rights to honour, privacy and personal image. 23. Impeachment and the right to freedom of association were also guaranteed as part of the constitutional reform. 24. In relation to the rights of indigenous peoples, Honduras promoted access to land. The Secretariat for Energy, Natural Resources and the Environment was currently working with the Confederation of Autochthonous Peoples of Honduras in drafting a bill on prior and informed consultation of indigenous peoples. 25. The National Commission against Racial Discrimination, Xenophobia and Related Forms of Intolerance had also been reactivated. 26. With regard to sexual diversity, Honduras had prioritized the implementation of actions in the National Action Plan on Human Rights in favour of that group. Actions included legal reforms, awareness-raising and training. 27. In the areas of economic, social and cultural rights, as well as efforts to combat poverty, the Constitution had been amended to include the right to water and sanitation. Among others, Honduras launched a plan for the prevention of pregnancy in adolescents, strengthened public education and adopted legislation to address the impact of climate change. 28. Honduras had created the Directorate on Children, Adolescent and Family Issues, which had an agreement with local governments to launch the national system of protection of children for local- and national-level actions. It was also in the process of ratifying the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption. 29. The special criminal justice programme, favouring alternative measures, had been created by the Directorate. The Directorate also monitored all social reintegration programmes. Special criminal justice programmes had been introduced by Honduras as part of the Partnership Plan for Prosperity. 30. The protection of children against abuse was a principle incorporated in the Constitution. The National Congress had approved a comprehensive reform of the Children and Adolescents Code and the Family Code, taking into account the recommendations of the Committee on the Rights of the Child. 31. The delegation referred to the request made to the United Nations High Commissioner for Human Rights to open an OHCHR country office in Honduras. Honduras believed that the office would contribute to strengthening the national system for the protection of human rights. It would open up spaces for dialogue, and monitor and report objectively on the human rights situation in the country. The High Commissioner would also provide technical assistance to institutions in Honduras. 32. The President of the Supreme Court of Justice reported that the National Congress had created the Council of the Judiciary and Judicial Staff, which eliminated the possibility of discretionary or political appointments. To ensure the right of citizens to demand accountability for the conduct of judicial officials, all decisions of the Council can be reviewed before ordinary and constitutional courts. 5

6 33. Honduras had created national judges who dealt with organized crime cases, to protect judges from external influence. It was also part of an Organization of American States judicial programme which aimed at strengthening access to justice. Through the Centre for the Support and Protection of Women s Rights, the judiciary had also put into practice, with the participation of civil society, coordinated actions to assist women victims of violence. The Public Defender had also assigned human resources to assist women, including through awareness-raising for the empowerment of women deprived of their liberty. 34. The President of the Supreme Court of Justice referred to the case of the judges separated from their posts in 2009, coinciding with the institutional crisis in Honduras that same year. He reiterated that the decision by the Supreme Court of Justice had been based on the verification of the Commission s various violations of the disciplinary provisions to which such former officials were subject. At the time, the former officials had had access to legal recourses, which had not yet been exhausted. 35. The President of the Legislative Commission on Human Rights noted that the National Congress of Honduras had legislative functions, and oversight functions of the work of public authorities. It played an essential role in the promotion and protection of human rights. The Congress had created spaces for dialogue and consultations with civil society, non-governmental organizations and other interested groups, which had generated a considerable number of legislative proposals. 36. Close cooperation was maintained with United Nations entities and the international community in general. The Congress was working on a priority basis on issues related to the fulfilment of the rights of children, education, security, development, lesbian, gay, bisexual, transgender and intersex groups, indigenous communities and Afro-descendants, the environment and gender. It had identified as a challenge the construction of a legislative agenda agreed with the relevant institutions and civil society. 37. The Congress had the responsibility of ensuring that institutions with a responsibility to protect and promote human rights, such as the Supreme Court of Justice, the Public Prosecutor s Office and the National Human Rights Commissioner, had the necessary resources to implement their respective mandates. The Congress also played a role in the selection of persons for those positions, received their annual reports and had the responsibility of publicly assessing their performance. 38. The Secretary of State for Human Rights, Justice, Governance and Decentralization reported that, in 2012, the Law on the National Prison System had been adopted. It created the National Penitentiary Institute, assigned resources for the construction of four new prisons to reduce prison overcrowding and contributed to the governance of 29 centres of deprivation of liberty. A new corps of correctional officers had also been created. 39. The Secretariat for Human Rights, together with the National Penitentiary Institute and with the advice of the Human Rights Adviser of OHCHR, had been coordinating the development of the first national policy on the penitentiary, which was expected to be completed soon. The General Regulation of the Law on the National Penitentiary System had been approved and the National Penitentiary Academy was being designed. The provision of food and access to hydro-sanitary and electric systems in detention centres had also been improved. 40. In 2014, the National Institute for Migration for the implementation of the law on migration and the immigration policy had been created. One of the main achievements had been the introduction of the immigration control biometric system and the establishment of a mechanism for combating trafficking. 6

7 41. Honduras had also tackled the emerging migration of unaccompanied minors. Through institutional and intersectoral coordination under the leadership of the First Lady of Honduras, the Special Commission for Migrant Children offered comprehensive services of reception, health assessment, counselling support, training for work, school reintegration, emergency food aid and economic aid so that children and family units could return to their places of origin. Those actions have resulted in a substantial reduction of unaccompanied children. 42. The Minister of the National Institute for Women noted that Honduras was determined to make structural changes in favour of women s equality. The elaboration of the Second Gender Equality and Equity Plan had been led by the National Institute for Women through a national consultation process. The Institute was currently implementing an advocacy strategy and strengthening institutional mechanisms. 43. Honduras had established Gender Units in the Judicial Branch, Secretaries for Health and Safety, and Gender Commissions in different municipalities. Processes were also coordinated in Municipal Offices for Women. 44. Honduras had incorporated femicide in legislation and imposed penalties on the perpetrators of that crime. The Law against Trafficking of Persons and the National Plan against Violence towards Women had also been adopted. 45. Honduras had launched a public-awareness campaign to eradicate the practices of sexual harassment at work, covering public offices and the private sector. 46. The Protocol for Comprehensive Assistance to Women Victims of Violence and a technical guide for use by health officials and justice operators had been developed. Shelters in Tegucigalpa and San Pedro Sula had also been established. 47. Honduras had adopted the Law on Equality of Wages between Women and Men. There was a dialogue with the feminist movement, which allowed the State to ensure better social impact and to promote a better quality of life for women in Honduras. 48. The Undersecretary of Labour and Social Security referred to the Second National Plan of Action for the Prevention and Eradication of Child Labour, which envisaged the creation of national structures, the ratification of international norms, the harmonization of national legislation and strengthening of national capacities and knowledge. A road map to make Honduras a country free from child labour and its worst forms had been adopted. An agreement had recently been signed with the United States of America to implement a programme called Bright futures with an investment of US$ 7.5 million in four years. 49. The Ministry of Labour and Social Security had the responsibility of ensuring that the employment conditions were decent. Efforts were being made for the professionalization of the General Directorate of Inspection through various regulatory proposals, such as the Law on Inspection and an International Labour Organization (ILO) audit process. 50. A tripartite commission had also been created to follow up on the compliance of the action plan on the Free Trade Agreement with the United States. 51. Honduras had also signed an agreement for the promotion of investment, protection of employment, health and access to housing for workers of the Honduran maquila textiles sector. 52. A social protection system framework law had been approved. Thanks to the promotion of investment of the private sector and reactivation of the agricultural and housing sectors, and various government placement programmes, new job opportunities had been generated. Efforts were also under way, together with the National Congress, to 7

8 improve the employability of young people. One goal was for the generation of 200,000 job opportunities. 53. The Undersecretary of State in the Offices of Development and Social Inclusion referred to the policy of social protection and the Better Life programme targeting people in condition of poverty and extreme poverty, with components of healthy housing, such as water filters, latrines, ecological ovens, construction of cement floors, storage of water, roofs and solidarity bags with food, which had benefited more than 100,000 families. 54. Other programmes included ones for productive micro-enterprises and family farming, the Presidential Better Life Bonus programme and the School Lunch programme. 55. Honduras was currently holding consultations for the elaboration of a policy against racism and racial discrimination to ensure the social and political participation of indigenous peoples and Afro-descendants and the exercise of intercultural citizenship, as well as the right to bilingual intercultural education, right to health, land and natural resources. 56. A public policy and strategic plan to guarantee the human rights of persons with disabilities had been adopted. Honduras had also subscribed to the Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities. 57. The Undersecretary of Human Rights and Justice noted that, after the first universal periodic review, Honduras had led a broad process of consultation to design and adopt the National Action Plan on Human Rights , which incorporated and transformed into strategic action over 1,200 recommendations, including from civil society, the human rights treaty bodies and the Truth and Reconciliation Commission. 58. The first phase of the Human Rights Observatory, to measure progress on human rights issues and to facilitate reporting to treaty bodies and society in general, was also under way. Honduras was currently designing an integrated monitoring and evaluation system to assess the impact of the National Action Plan on Human Rights. 59. Honduras was committed to continuing the citizen s dialogue and participation. It would share the outcome of the second review and promote the implementation of subsequent recommendations. B. Interactive dialogue and responses by the State under review 60. During the interactive dialogue, 60 delegations made statements. Recommendations made during the dialogue can be found in section II of the present report. All written statements of the delegations, to be checked against delivery on the United Nations Webcast archives, 1 are posted on the extranet of the Human Rights Council when available. 61. Guatemala commended the creation of the Secretariat for Human Rights and the adoption of the National Action Plan on Human Rights. It shared the concern of the Committee on the Elimination of Racial Discrimination regarding the loss of the A-status by the National Human Rights Commission. 62. The Holy See acknowledged Honduran efforts to bring national legislation into greater conformity with the international human rights instruments, especially those relating to the prevention of enforced disappearances and torture, the national human rights institution and the ratification of several instruments

9 63. The Bolivarian Republic of Venezuela appreciated the decisive commitment of Honduras to address challenges and highlighted progress made since the first review. 64. Indonesia welcomed Honduran efforts to set up mechanisms to further promote and protect human rights including the adoption of the Public Policy and National Action Plan on Human Rights and looked forward to full implementation of that plan. 65. Ireland was deeply concerned at the climate of violence and insecurity affecting human rights defenders in Honduras, and was also concerned at widespread and systematic violence against women and girls. 66. Italy welcomed the adoption of the Public Policy and National Action Plan on Human Rights and actions taken to provide human rights training for military personnel and the police to combat violence against women and children. 67. Lebanon welcomed the desire of Honduras to work towards the promotion of human rights for its people and welcomed its accession to the Convention on Cluster Munitions. 68. Madagascar welcomed the participative and inclusive approach of Honduras in drafting its national report, as well as the advances in combating poverty and improving social protection, the quality of education, health and the protection of vulnerable persons. 69. Mexico recognized progress, in particular the strengthening of the legislative framework. It valued efforts for the strengthening of the public security system and the reforms introduced to the electoral law. 70. Montenegro commended Honduras for a comprehensive reform of legislation covering children, families and women in the sphere of justice. It welcomed the willingness for the opening of an OHCHR country office. Montenegro asked about measures taken to improve the living conditions of vulnerable groups with a view to reducing the negative impact of migrant flows. 71. Namibia congratulated Honduras on the creation of a specific ministerial portfolio for human rights with responsibility for facilitating dialogue with the international human rights community and on the adoption of the Public Policy and National Action Plan on Human Rights The Netherlands appreciated the ratification of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty and other measures taken. It was concerned that there was an environment in which vulnerable groups were victims of threats, violence and sometimes murder and at the number of social conflicts relating to mining or hydroelectric projects. 73. Nicaragua commended Honduras for introducing legislative and institutional reforms to strengthen the human rights protection. It encouraged Honduras to consolidate its national human rights action plan, taking into account the outcome of the second review. 74. Nigeria welcomed the introduction of various government policies aimed at the establishment of a public policy and national plan on human rights and improvement in the security situation. 75. Norway noted efforts to bring national legislation into line with international obligations and the development of the Public Policy and National Action Plan on Human Rights. It expressed concern about the removal of four judges by the Congress. 76. Panama expressed its appreciation for the implementation of recommendations from the first review. It commended the commitment of Honduras to cooperating with the international human rights mechanisms, which was reflected in the standing invitation issued to the special procedures. 9

10 77. Paraguay welcomed the establishment of a national mechanism for the follow-up of the recommendations from the universal periodic review. It took note of progress made in the development of legislation. It expressed concern about the vulnerability of women, children and migrants, including non-accompanied children. 78. Peru highlighted progress made by Honduras, notably the adoption of the National Action Plan on Human Rights, the ratification of the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness, as well the harmonization of domestic legislation with their international obligations. 79. The Philippines noted the multi-year National Action Plan on Human Rights; efforts to align domestic legislation with international human rights standards; and the ratification of human rights conventions. It expressed concern about the unaccompanied children leaving Honduras. 80. Poland welcomed the latest constitutional and legal reforms. It expressed concerns about cases of violence against journalists and judges, and the lack of independent investigations of those cases. 81. Portugal noted the amendment of the Criminal Code that brought the definition of torture in line with international standards and the adoption of the Education Act providing for free and compulsory education. It expressed concern about violence against women. 82. Qatar stated that considerable progress had been made in harmonizing national legislation with international standards. It noted efforts that had been made to enhance security and public order. 83. The Republic of Korea noted the policies for vulnerable groups, the revision of the definitions of torture and enforced disappearances and the efforts made to implement the recommendations of the Truth and Reconciliation Commission. 84. Romania noted the efforts that had been made to implement recommendations from the first review. It congratulated Honduras for cooperating with the human rights mechanisms, particularly special procedures. 85. The Russian Federation welcomed the implementation of international treaties. It noted the adoption of National Action Plan on Human Rights and supported efforts taken to establish a human rights department within the Cabinet of Ministers. 86. Rwanda noted the establishment of a human rights portfolio in the Cabinet, the implementation of a vast majority of recommendations of the Truth and Reconciliation Commission, and the policy and National Action Plan on Human Rights Sierra Leone urged Honduras to develop incentives for the participation of poor, marginalized communities; implement laws prohibiting hate crimes and violence against women of African descent; and seek funding to address the problems of drugs and human trafficking. 88. Singapore acknowledged the progress made in reducing the murder rate, commended Honduras for its commitment to protecting the rights of women and recognized the efforts taken under the Better Life Programme to provide housing upgrades and improvements. 89. Slovenia welcomed efforts to bring the legislation into line with international standards. It noted that the Committee on the Elimination of Racial Discrimination had deplored the assaults of indigenous and Afro-Honduran leaders and journalists, and also noted the draft bill on the protection of human rights defenders. 10

11 90. Spain underscored the readiness of Honduras to open an OHCHR country office. It was concerned about high levels of violence against women and girls, and the high impunity rate in those cases. 91. Sweden welcomed the decision of Honduras to request the establishment of an OHCHR country office. It welcomed the amendment of the Criminal Code to incorporate femicide as a specific crime. It was concerned about violence against women and impunity for perpetrators. It noted the concern of the Special Rapporteur on violence against women regarding the ban on abortion. 92. Switzerland welcomed the upcoming opening of an OHCHR country office. It considered that the engagement of human rights defenders must be better protected. It was also concerned about the increasing militarization of the country. 93. Thailand commended Honduras on establishing the Ministry of Justice and Human Rights. It noted the reduction of murder rate over the past years and the enactment of the Basic Education Act. It encouraged Honduras to consider ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. 94. Timor-Leste welcomed the establishment of the Ministry of Justice and Human Rights, and the adoption of the National Action Plan on Human Rights. 95. Trinidad and Tobago commended the establishment of Anti-Trafficking in Persons Act, the mobile magistrates courts, the redistribution of State land to the benefit of indigenous and Afro-Hondurans and the enshrinement of the right to water and sanitation as a constitutional right. 96. Turkey welcomed Honduran Public Policy and National Action Plan on Human Rights, the Gender Equality and Equity Plan, and cooperation with special procedures. It welcomed the opening of an OHCHR office. 97. The United Kingdom of Great Britain and Northern Ireland welcomed the Criminal Code amendments. It was concerned about the intention to use military police to tackle security, and continued high levels of impunity and difficulties by significant sectors of society in accessing justice. 98. The United States of America congratulated Honduras for its goal of opening an OHCHR office, its accord with Transparency International and the passing of a law to protect human rights defenders. It urged continued efforts to strengthen the justice and security sectors for all Hondurans, ensure independence of the Nominating Committee, and strengthen the Honduran National Police. 99. Uruguay commended Honduras for the adoption of a comprehensive reform of the Children and Adolescents Code, and the Family Code. It welcomed the adoption of the Anti-Trafficking in Persons Act and the bill on the protection of human rights defenders, journalists, social communicators and justice officials India commended the adoption of the Public Policy and National Action Plan on Human Rights and of other plans and measures. It encouraged Honduras to continue its efforts to make its national human rights institution compliant with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and welcomed the announcement of the opening of an OHCHR office later in India asked the delegation to share information on the issue of unaccompanied child migrants. 11

12 101. Algeria welcomed the Honduran Plan for Human Dignity (Vanguardia de la Dignidad Humana), the establishment of the Ministry of Justice and Human Rights, reduction in violence against women and cooperation with treaty bodies Angola welcomed the national policy for the prevention of violence against children and young persons in Honduras and the reformed Criminal Code. It was concerned about violence towards minority groups Argentina commended Honduras for the harmonization of domestic legislation with international human rights norms, including the amendment introduced to the Criminal Code and the definition of enforced disappearance as a specific offence Australia welcomed the Honduran establishment of a special court against domestic violence. It noted concern about violence against women. It urged Honduras to implement recommendations of the Special Rapporteur on the situation of human rights defenders and of the Inter-American Commission on Human Rights Austria welcomed Honduran approval of the Public Policy and National Action Plan on Human Rights. It was concerned about attacks against journalists and impunity in that regard. Austria remained worried about shortcomings in the administration of justice, and ongoing discrimination against indigenous, Afro-Honduran and lesbian, gay, bisexual, transgender and intersex persons Belgium welcomed the opening of an OHCHR country office. It was, however, concerned about challenges, in particular with regard to the independence of the justice system and the fight against impunity, violence against women and freedom of expression Brazil commended Honduras for a comprehensive reform of the legislation on right of children, families and women and welcomed steps taken to reduce violence against women Canada encouraged Honduras to continue its efforts to ensure the protection of human rights defenders, journalists and justice sector officials and also encouraged it to reduce overcrowding in prisons and juvenile detention centre by respecting maximum occupancy rates and taking other measures Chile was concerned about the perseverance of violence, intimidation and attacks against human rights defenders, judges, prosecutors and journalists. It welcomed the discussion and adoption of a law on the subject China appreciated that Honduras had implemented recommendations from the first review and welcomed its cooperation with treaty bodies, special procedures and the inter- American system for human rights protection. It noted the challenges faced by Honduras in human rights protection and requested the international community to provide technical and financial support Colombia underscored efforts to comply with recommendations from the previous cycle of universal periodic review, in particular the National Action Plan on Human Rights, and actions related to previous recommendations made by Colombia on the fight against lesbian, gay, bisexual, transgender and intersex persons Costa Rica stated that the Honduran commitment would be strengthened with the establishment of an OHCHR country office and welcomed the National Action Plan on Human Rights. It expressed concern about the high level of violence, particularly against women, journalists and human rights defenders Cuba underscored the adoption of the social protection policy in 2012, the Law on Protection Benefits and Regularization of Informal Activity and the Law on Vaccines, 12

13 which had been developed despite important challenges, including structural poverty, inequality and crime The Czech Republic thanked Honduras for its presentation and made recommendations Denmark recognized Honduran efforts to break the vicious circle of human rights violations, but was concerned about reports that the human rights situation had worsened since the first universal periodic review. It regretted the decision to downgrade certain relevant ministries and was concerned at reported impunity for attacks on lesbian, gay, bisexual, transgender and intersex persons Ecuador welcomed reforms of the Criminal Code, particularly those related to enforced disappearance, torture, discrimination and incitement to hatred. It welcomed measures adopted to strengthen the judiciary, through the Council of the Judiciary and Judicial Staff Equatorial Guinea welcomed amendments to the Constitution, which had extended participatory democracy mechanisms through the system of popular initiatives. It also welcomed efforts to integrate into its decision-making a human rights-based approach taking into account the contributions of civil society organizations Estonia commended the National Action Plan on Racism and Racial Discrimination and expressed concern that indigenous and Afro-Honduran women continued to face multiple forms of discrimination. It invited Honduras to ensure that human rights defenders could freely carry out their activities without unfair restrictions or fear of reprisals France asked about the follow-up to the efforts taken to improve the conditions of detention in Honduras Germany acknowledged the partial reforms made to the Criminal Code. It expressed concern about persistent human rights violations, particularly regarding the right to life, widespread impunity and discrimination against women, children, lesbian, gay, bisexual, transgender and intersex persons and indigenous population To conclude, Honduras thanked States for their participation in the second review, and for their comments and recommendations. Honduras believed that the universal periodic review generated opportunities to assess progress and challenges and opened spaces for improving human rights in the country Honduras was committed to having a permanent mechanism to follow-up on the commitments made as part of the universal periodic review. It was currently working on the establishment of a human rights observatory and would strengthen the role of the Ministry of Justice and Human Rights to respond to the various reports that the State was committed to submitting. Honduras would also create a monitoring and assessment system for the National Action Plan on Human Rights and continue the dialogue with civil society Honduras acknowledged that, while it had made some progress during the past years, there were structural, institutional and cultural challenges that it still needed to overcome. With the support of the friends of Honduras, the country hoped to build a country which was free from extreme poverty, educated, healthy, democratic, safe and without violence. 13

14 II. Conclusions and recommendations 124. The recommendations formulated during the interactive dialogue and listed below enjoy the support of Honduras: Continue working towards the harmonization of its domestic legislation with the international human rights instruments to which it is a State Party (Nicaragua); Draft guidelines to report violations of the rights of persons deprived of their liberty through the national mechanism for the prevention of torture (Panama); Allocate adequate resources for the implementation of its National Action Plan on Human Rights (Philippines); Adopt new concrete measures for the implementation of the National Action Plan on Human Rights of 2013, in order to sustain the decrease in crime rates in the context of strengthening the rule of law (France); Consider developing Human Rights Indicators as suggested by the OHCHR as an instrument that allows for a more precise and coherent evaluation of national human rights policies (Portugal); Strengthen the functioning of the National Commission against Racial Discrimination Racism, Xenophobia and Related Forms of Intolerance in favour of intercultural dialogue, tolerance and awareness-raising programmes (Argentina); Step up awareness campaigns through the national plan of action to combat racism and racial discrimination that is currently being drafted (Panama); Strengthen the institutional framework undertaken for the benefit of indigenous and Afro-Honduran peoples (Equatorial Guinea); Effectively implement the Gender Equality and Equity Plan , by allocating technical and financial resources to achieve the envisaged objectives as well as the reopening of the emergency line 114 to provide care to women victims of gender violence (Spain); Implement policies and programs that promote tolerance and nondiscrimination against lesbian, gay, bisexual, transgender and intersex persons, and to guarantee the compliance with the current norms in order to punish offences and violence motivated by prejudices (Uruguay); Strengthen its national institutions in charge of the promotion and protection of human rights, with a view to fostering access to justice, particularly for the most vulnerable groups, such as women, older persons, children, indigenous peoples, persons with disabilities, people of African descent and the lesbian, gay, bisexual, transgender and intersex community (Brazil); Develop a national action plan to implement the United Nations Guiding Principles on Business and Human Rights, including specific actions to strengthen the implementation of ILO convention No. 169 (Netherlands); ** The conclusions and recommendations have not been edited. 14

15 Support the efforts of the national mechanism for the follow-up of universal periodic review recommendations through the establishment of an online monitoring system (Paraguay); Cooperate closely with the OHCHR office to be soon established in the country while implementing universal periodic review recommendations (Czech Republic); Submit the overdue report to the relevant United Nations treaty bodies (Sierra Leone); Reply in a timely manner to all thematic special procedure communications (Montenegro); Improve birth registration system and be supported by awarenessraising activities, in order to sustain the rise in registration numbers, especially in rural areas (Turkey); Undertake awareness-raising campaigns and programmes to promote tolerance and to address violence against lesbian, gay, bisexual, transgender and intersex persons (Slovenia); Strengthen actions that aim at eliminating cultural patterns that discriminate against women, promoting adequate access to judicial protection in order to prevent cases of violence affecting their life, health and integrity remaining unpunished (Chile); End discrimination in law and practice against indigenous and Afro- Honduran people and strengthen protection for lesbian, gay, bisexual, transgender and intersex persons (Austria); Take appropriate measures to improve living conditions and address the issue of overcrowding in prisons and other detention centres, as well as to reduce violence between and among prisoners (Republic of Korea); Take effective measures to bring conditions of detention in line with international standards, in particular by reducing overcrowding and interprisoner violence (Austria); Implement the recommendations contained in the 2013 report of the Inter-American Commission on Human Rights on the status of persons deprived of liberty in Honduras, and that the national penitentiary policy is finalized and implemented accordingly (Denmark); Consider widening the criminal legislation, not only criminalizing cases of femicide, but also all cases of violence against women (Guatemala); Create specialized courts responsible exclusively for cases of domestic violence which are particularly problematic (Guatemala); Take all necessary measures to ensure the effective implementation of the Criminal Code offence of gender-related killings of women and to guarantee effective access to justice for women who are victims of violence, as well as their protection (Ireland); Guarantee protection and effective access to justice to women victims of violence, including by ensuring that perpetrators are brought to justice and by providing sufficient resources and targeted training to law enforcement, the judiciary and health-service personnel (Italy); 15

16 Prevent and punish all forms of violence against women and girls; and consolidate a higher representation of women in management and decision making positions (Peru); Ensure adequate budget allocation to the prevention of sexual and gender-based violence (Sweden); Guarantee protection and access to justice for women who are victims of violence (Belgium); Step up efforts aimed at effectively preventing violence against women, including rape, domestic violence and sexual harassment (Panama); Take adequate and necessary measures to address violence against women (Portugal); Respond effectively to all forms of violence against women including by providing law enforcement official with gender training (Sweden); Reduce violence against women and increase the number of shelters for battered women (Trinidad and Tobago); Take specific measures to protect women from being victim of discrimination and violence, including the appropriate investigation of such cases as well as the prosecution and punishment of perpetrators (Turkey); Take measures to ensure full protection of children at all levels and in all spheres and to ensure that the institutions tasked to implement such measures are adequately funded and resourced in order to carry out this function effectively (Namibia); Defend children s rights by ensuring that the Directorate on Childhood, Adolescent and Family Issues has the appropriate legislative framework and financial resources to meet its mandate, and by implementing policies and programmes to protect children, adolescents and returned child migrants (Canada); Re-establish its police unit specialized to combat human trafficking and sexual exploitation (Timor-Leste); Adopt necessary measures to guarantee fair justice for all (Nigeria); Strengthen the judiciary by implementing a transparent, merit-based and clearly defined selection process for Supreme Court justices (United States of America); Ensure transparency and impartiality in the appointment process of judges, implementing clear procedures and objective criteria and ensure that judicial staff are not subject to political interference (Switzerland); Effectively fight impunity against the perpetrators of the crimes against judges, journalists and human rights defenders and conduct effective investigations of human rights violations in these cases (Poland); 2 The recommendation as read during the interactive dialogue: Take measures to ensure full protection of children at all levels and in all spheres, including military operations, and to ensure that the institutions tasked to implement such measures are adequately funded and resourced in order to carry out this function effectively (Namibia). 16

17 Guarantee that all complaints regarding human rights violations and other abuses committed by the police, armed forces or members of private security companies are subject to, in a brief period of time, independent and exhaustive investigations; and that those responsible for such violations are brought to justice and that the victims have access to reparations (Belgium); Enhance the Criminal Code which punishes hate crimes (Lebanon); Take further measures for the effective investigation, prosecution and punishment of hate crimes against lesbian, gay, bisexual, transgender and intersex persons and women, including femicides, as well as crimes against human rights defenders, journalists, justice workers and campesino community members in Bajo Aguán (Norway); Exhaustively investigate the killings of women on gender grounds (Spain); Ensure that all hate crimes are categorized as such and thoroughly investigated (Denmark); Redefine clearly the role of the military police as a temporary measure and to step up the professionalizing process of the national police to ensure the protection of human rights in all their work (Switzerland); Enhance efforts to create a safe environment for human rights defenders and journalists (Italy); Ensure freedom of expression and take steps to end threats and attacks against journalists and human rights defenders, including lesbian, gay, bisexual, transgender and intersex defenders (Australia); Establish effective mechanisms to guarantee the safety of human rights defenders, judges, prosecutors and journalists, and ensure that acts of violence which in many cases result in deaths, intimidation and attacks against them, do not remain unpunished (Chile); That the implementation of the new law on the protection of human rights defenders, journalists, social communicators and justice officials is allocated sufficient resources and without it being necessary to resort to civil society contributions (Switzerland); Implement the new law (on the protection of human rights defenders, journalist, social communicators and justice officials) through an open consultation and participation process with civil society (Switzerland); Approve and implement a law on the protection of human rights defenders, journalists, social communicators and justice officials, and provide adequate human and financial resources to establish an effective State mechanism to protect those at risk (Belgium); Improve the effectiveness of prevention, investigation and prosecution of all forms of attacks against human rights defenders, journalists, lawyers and judges in order to lower their incidence and to tackle impunity for these crimes (Czech Republic); Ensure that a robust law protecting human rights defenders, journalists and justice officials is adopted and effectively implemented and that its impact is regularly assessed (Czech Republic); 17